Supreme Court blocks Trump’s ballot segregation plan

The Supreme Court has rejected President Trump’s emergency request to segregate mail ballots in California, leaving potentially thousands of votes untouched for now. The justices handed down a one-sentence order without explanation, showing they viewed the administration’s case as a stretch. The request was filed on the eve of the midterm election, with many ballots already counted. The administration’s argument, based on uncertain methodology, has been turned down by every court that has reviewed it. The justices did not ask for a response from California or other parties, signaling they did not see the case as urgent.

The Trump administration had argued that the federal government has a constitutional interest in ensuring only citizens vote and that California’s failure to investigate flagged voters is frustrating the enforcement of federal law. California and voting rights groups countered that the federal government’s claims of noncitizen voters have not withstood scrutiny and that the current claims are based on fuzzy evidence that risks disenfranchising citizens. The administration’s plan to set aside any ballots cast by the flagged individuals until the allegations could be resolved was quickly dismissed. The court’s decision marks another major loss for Trump on election cases at the high court.

The 9th US Circuit Court of Appeals had already barred the administration from intervening in California’s mail-in ballot counting, concluding that the federal government has no power to dictate to states how to run elections. The appeals court noted that the administration was asking only to halt the mixing of ballots cast by citizens and alleged noncitizens. Once those ballots are processed, all sides agree, it would be impossible to separate them. The court has long warned against federal courts weighing in at the last minute to change the rules of an election. Trump’s attempt to give the US Postal Service extraordinary power to withhold certain mail ballots was also rejected by the justices in September.

The Supreme Court’s quick rejection of the administration’s request shows they did not view the case as urgent. The justices did not ask for a response from California or other parties, signaling they did not see the case as urgent. The administration’s argument has been turned down by every court that has reviewed it. The court’s decision marks another major loss for Trump on election cases at the high court. The appeals court noted that the administration was asking only to halt the mixing of ballots cast by citizens and alleged noncitizens. Once those ballots are processed, all sides agree, it would be impossible to separate them. The court has long warned against federal courts weighing in at the last minute to change the rules of an election.